Following the introduction of a new version IMM1295 application form on February 15th of this year, the Department has announced that effective August 1 2011, no other application forms will be accepted (with the exception of SAWP cases in Mexico and Jamaica until September 30 2011). The forms contain a bar coding system that requires validation prior to finalization; this validation makes correct completion of the form mandatory.
This version of the form does contain additional fields that require a greater depth of information as compared to the prior version. New sections include details on education and work history.
Candidates should ensure that the version 01-2011 or later form is used in any submission on or after August 1 2011.
Foreign nationals seeking transfer from a foreign company to a parent, subsidiary, branch, or affiliate of that company in Canada may be eligible to seek a Labour Market Opinion exemption and work permit through the Intra-Company Transfer provisions, including the Specialized Knowledge Category. This has historically been a subcategory that has been more vague, as clear and concise definitions of eligibility do not exist. Unlike an “executive” or a “senior manager” for example, the ability to pinpoint the definition of a specialized knowledge worker is more difficult.
Following the termination of the Facilitated Processing of Information Technology Workers Program in most provinces in Canada, an increase in the volume of these Transfer applications has been noted, and there has been a desire to more clearly define the requirements of eligibility. Beyond the fundamental definitions, factors that may be considered in assessing a specialized knowledge worker include the following:
Education and Skill: An assessment of the education credential needed to perform the work is a consideration, and often the corresponding assessment of skill classification is a critical factor. Generally, positions requiring college credentials or higher are considered suitable. Beyond education credentials, consideration is given the to skill classification of the occupation in both Canada and abroad. Barring exceptional circumstances, that skill classification for the position in Canada should be the same as, or higher than, the position held by the candidate abroad.
Knowledge and Experience: Candidates should typically possess specialized or advanced knowledge specific to a given industry, which would generally extend beyond what may be common in that particular industry. It is not necessarily the case that such knowledge must be proven absent from Canada, however. Specialized Knowledge transfers would favour candidates who have extensive industry experience, and such experience is sufficiently complex that it would be difficult to acquire or otherwise imbue into another worker.
Wage: The wage of the candidate should be in line with the average wage of the comparable occupation in Canada. Although prevailing wage statistics would not necessarily be applied as rigorously as in a LMO application, officials are recommended to give consideration of the comparability of the wages.